IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018529 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* two awards of the Purple Heart
* two awards of the Bronze Star Medal
* two awards of the Army Commendation Medal
* Air Medal
* all other awards and/or decorations he earned

2.  The applicant states the omission is due to a clerical error.

3.  The applicant provides:

* DD Form 214
* two identical Bronze Star Medal Certificates and Citations
* two identical Army Commendation Medal Certificates and Citations
* Air Medal Certificate and Citation
* Certificate of Appreciation
* Certificate of Achievement
* letter from the U.S. Army Administration Center, St. Louis, MO, dated 7 May 1971


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States and entered active duty on 18 July 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam with Company C, 4th Battalion, 3d Infantry Regiment, 11th Infantry Brigade, from 10 January 1970 to on or about 29 November 1970.

4.  His records contain two copies of general orders (GO) issued by Headquarters, 23d Infantry (Americal) Division, as follows:

* GO Number 13724, dated 13 October 1970, awarding him the Bronze Star Medal for meritorious achievement during the period 1 June to 30 September 1970
* GO Number 15376, dated 24 November 1970, awarding him the Air Medal for meritorious achievement during the period 13 January to 7 November 1970

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 16 July 1971.  He completed 1 year, 11 months, and 29 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* First Class Gunner Badge (currently known as Sharpshooter Marksmanship Qualification Badge) with Machine Gun Bar (M-60)

6.  His records do not contain GO awarding him a second Bronze Star Medal, any Purple Hearts, or any Army Commendation Medals.

7.  A review of his service records reveals no derogatory information in his record.  Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service with the exception of an "unknown" rating for the period he was temporarily assigned to the replacement detachment in Vietnam from 11 to 17 January 1970.  There is no derogatory information in his records.

8.  There is no evidence of record showing he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.

	b.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any GO awarding him the Purple Heart.

	c.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era casualties commonly used to verify entitlement to award of the Purple Heart.

	d.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin that he was wounded/injured as a result of hostile action.  This was the proper notification of injuries at the time.

	e.  His medical records, including his separation physical, which would have shown or mentioned a combat wound/injury or treatment, are not available for review with this case.





9.  He provided:

	a.  two identical Bronze Star Medal Certificates and Citations, dated 26 November 1970, showing award of the Bronze Star Medal for meritorious achievement from 1 June to 30 September 1970;

	b.  an Air Medal Certificate and Citation, dated 14 December 1970, showing award of the Air Medal for meritorious achievement from 13 January to 7 November 1970;

	c.  two identical Army Commendation Medal Certificates and Citations, dated 15 December 1970, showing award of the Army Commendation Medal for meritorious service in Vietnam from January 1970 to December 1970;

	d.  a letter issued by Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 19 April 1971, stating the commander of the organization in which he served on active duty had awarded him the Army Commendation Medal and the Bronze Star Medal;

	e.  a Certificate of Achievement issued by the 2d Battalion, 16th Infantry, Fort Riley, KS, dated 14 July 1971, recognizing his outstanding contributions; and

	f.  a Certificate of Appreciation issued by the President of the United States recognizing his honorable service during the period 18 July 1969 through 16 July 1971.

10.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  
12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal and the Army Commendation Medal.

	e.  A bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Winter-Spring 1970 – 1 November 1969-30 April 1970
* Sanctuary Counteroffensive – 1 May-30 June 1970
* Vietnam Counteroffensive Phase VII – 1 July 1970-30 June 1971

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 3d Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 31 March to 30 June 1970 by Department of the Army GO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Purple Heart, two awards of the Bronze Star Medal, two awards of the Army Commendation Medal, one award of the Air Medal, and any other awards and/or decorations he earned.

2.  With respect to two awards of the Bronze Star Medal:

	a.  GO awarded him the Bronze Star Medal.  This award is already shown on his DD Form 214.  There are no other orders in his records and he provides none to support a second award.

	b.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Bronze Star Medal).  In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis to add a second award of the Bronze Star Medal to his DD Form 214.

3.  With respect to two awards of the Purple Heart:

	a.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service records are void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of hostile action.  His name is not listed on the Vietnam casualty listing.  His medical records are not available for review.  There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

	c.  The applicant's contention and sincerity are not in question.  However, in the absence of orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, in addition to a record of treatment and that the medical treatment was made a matter of official record, there is an insufficient evidentiary basis for adding award of the Purple Heart to his DD Form 214.


4.  With respect to the two awards of the Army Commendation Medal:

	a.  His service records are void of any orders awarding him the Army Commendation Medal.

	b.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the Army Commendation Medal).

	c.  However, his records contain a letter issued by Office of the Adjutant General, U.S. Army Administration Center on 19 April 1971 that states the commander of the organization in which he served on active duty had awarded him the Army Commendation Medal and the Bronze Star Medal.  This is accepted as sufficient evidence to show he was awarded one Army Commendation Medal.  Therefore, it should be added to his DD Form 214.

	d.  In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis to add a second award of the Army Commendation Medal to his DD Form 214.

5.  With respect to award of the Air Medal, GO awarded him the Air Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  With respect to any additional awards:

	a.  He served honorably during the period 18 July 1969 through 16 July 1971. 
He served in Vietnam, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service.  His records do not contain any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this medal.

	b.  He was awarded the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars with his Vietnam Service Medal.

	c.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 July 1969 through 16 July 1971
* deleting award of the Vietnam Service Medal with one campaign star from his DD Form 214
* adding the following awards to his DD Form 214 –

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to two awards of the Purple Heart, a second award of the Bronze Star Medal, and/or a second award of the Army Commendation Medal.



      _____________X____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130018529



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130018529



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1